While everyone knows about workers compensation, don’t forget to look for third party claims. Because workers comp does not pay for everything, you could leave money on the table. So here we explain how third party claims work.

Third Party Claims and Workers Compensation

Driving related claims

Since workers compensation laws cannot make you whole, it is important to see if there are other options. available. Hence we look for third party claims. Probably the most common example is an automobile accident while on the job. First of all, delivery drivers of every type have both claims unless the accident is their fault. Of course. Yet they would still collect under workers comp but not in the third party case. But what about those who drive their own vehicle for a work related purpose. So long as you are doing something for work, you get both claims. For example, if asked to go pick up something or someone, you get both. Maybe you have to drive to a seminar, you get both. And so on.

Negligent maintenance by outside parties

Almost all companies hire outside maintenance people these days. After all, maintenance of equipment and premises is not a full time job. Consequently, it is cheaper to just pay when you need it. As a result, if injured by something maintained by an outside vendor, you get both claims. Probably the best examples are delivery docks and machinery issues. Rather than maintain their own business, companies hire it out. Yet it’s just not the same as when you co-workers do it.

Workers Comp and Then Third Party Claim

Due to election of remedy and lien issues, you have to do this the right way. Otherwise, it can cost you real money. First of all, you need to finish the workers compensation claim before turning to the third party case. Hence, at that point, you know the full extent of your damages and lien amount. At that point, you are able to settle your third party and then negotiate the workers comp lien. But here’s the best part. While you are healing, you get weekly checks and payment of your medical bills. Then in the third party case, you get your remaining lost wages plus pain and suffering. Now you are whole again.

Robert J. Reeves P.C.

Since 1989, Mr. Reeves has handled thousands of South Carolina workers compensation cases. While we handle all types of serious personal injury accidents, workers comp is the most difficult because of the laws. Because of limitations, it is hard to fully compensate you for your losses. However, with a third party action, we can. Hence we look for other options in every workers compensation claim. But the proper way to resolve both claims can be tricky. That’s why it is best to let us deal with both sides. Don’t worry. Since we’ve done this for over 27 years, we know just what to do. So call now and let’s see what we can do for you. 803-554-4157 or email robert@rjrlaw.com.

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